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(영문) 수원지방법원 안산지원 2014.01.09 2013고단3009
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:00 on October 28, 2013, the Defendant, while drinking alcohol at a D restaurant located in Ansan-si, a member-gu, Ansan-si, a member-gu, had the victim E (year 53) and snow drinking-free day, had the body of the victim two times with the beer, which is a dangerous thing at the same time, and caused the victim to have the tear of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of F and G;

1. The application of Acts and subordinate statutes to inquiries about criminal records, etc. and investigation reports;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (Article 55 (1) 3 of the Criminal Act (Article 53 and Article 55 (1) appears to have committed the instant crime in a state of discretionary mitigation, and considering all circumstances, such as the fact that the Defendant has repented

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (2) applies to the defendant two times before the same suspended execution, and there are circumstances unfavorable to the defendant, such as the nature of the crime and the result of the crime in this case, in light of the method and effect of the crime in this case, there is no sentence before and after the sentence is imposed on the defendant, and the victim does not want to be punished, and the defendant has a depth of his mistake and has obvious social relation between the defendant and the victim, and taking into account all other circumstances,

1. Probation and community service order shall be judged as ordered for the reason of not less than Article 62-2 of the Criminal Act;

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